1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff obtained permission for the petroleum selling business on December 12, 1995, and on December 29, 1995, the Plaintiff obtained permission for the diversion of a preserved forest as a site for the installation of a gas station with respect to 1,90 square meters of E forest land among 14,030 square meters of land owned by G with his own shape of G on December 29, 195 (hereinafter all land shall be indicated as the same Ri as the lot number or lot number area).

B. On the above ground on March 6, 1996, the Plaintiff completed a construction report on the storage and treatment facilities for dangerous substances (gas station, building area of 154.95 square meters, site area of 1,90 square meters) and completed the completion inspection on August 1, 1996. On October 5, 1996, the building of the above gas station (the building of the steel structure and the steel structure smove roof, the 90 square meters of storage and treatment facilities for dangerous substances, the 103.20 square meters of 103.20 square meters of 20 square meters of 204.4.11, 201 and the 193.2 square meters of 193 square meters of 22 square meters of 193 square meters of 193 square meters of 208 square meters of 209 square meters of 198.282 square meters of 209 square meters of 208.

However, among the above gas station buildings, the carle portion, etc. was constructed over the ground of the attached Form No. 407 square meters (hereinafter “the land in dispute of this case”) among D road 10,464 square meters owned by the Defendant.

C. On September 14, 1996, E forest land owned by G is divided into zero with a size of 734 square meters, including a site area where a gas station is located, and the size of E was 13,296 square meters. On November 6, 1996, the aboveO’s lot number was changed to H, and the lot number of the site of the gas station was changed from E to H prior to subdivision, upon the Plaintiff’s application, around that time.

On December 27, 1997, the Plaintiff transferred a forest land of 113 square meters to I due to the division on February 27, 2012, 2012, and the size of E was reduced to 13,183 square meters.

On April 4, 2003, the land category of the above H was changed from the miscellaneous land to the gas station site. The land category of the above H was changed from the miscellaneous land to the gas station site.

With respect to the area of 734 square meters, it is in its own name.